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(영문) 부산지방법원 2015.04.09 2014고정4508
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 7, 2014, at around 23:00, the Defendant: (a) requested the victim E (the age of 39) to move the vehicle parked at the Dcafeteria parking lot located in Geumcheon-gu, Busan to move the vehicle from the victim E (the age of 39) to the female-friendly Gu; (b) requested the Defendant to move the vehicle, and (c) demanded the Defendant to cut off the vehicle after driving the smoking tobacco.

For this reason, the Defendant is incomprehion with the victim.

The son assaulted the victim by driving the victim's chest.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the law to include some statements in the police interrogation protocol against the defendant

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that they were threatened by the victim's hearing words, etc. on the date and time of the ruling, and the victim's chests were sealed once to defend the victim in a situation where the victim was assaulted by the victim even if the victim was spawn and spawn, which constitutes legitimate self-defense or legitimate act.

2. It is common that it is difficult to view that the act of attack and defense was a legitimate act for defense or self-defense, because the act of attack and defense was conducted repeatedly between the persons making a fighting and the act of defense was conducted simultaneously, and the act of defense was in the nature of both sides, which are the act of attack, only by either party’s act.

However, even if they appear to be fighting one another, in fact, if one party unilaterally commits an illegal attack and the other party exercises tangible power as a means of resistance to protect himself/herself from such attack and escape therefrom, it shall not be deemed as a new affirmative attack unless it is deemed as a new affirmative attack.

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